Madras High CourtWP(MD)/11830/2017disposed of

S.Nedunchelian, v. The District Collector,

2017-07-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.11830 of 2017 S.Nedunchelian : Petitioner Vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Devakottai, Sivagangai District.

3.S.Pandi 4.P.Gomathi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first and second respondents to remove the encroachment put up by third and fourth respondents in S.No.97/4A, Nachankulam Village, Devakottai Taluk, Sivagangai District based on the petitioner's representation dated 17.04.2017 within a stipulated time fixed by this Court.

For Petitioner : Mr.K.Prabaharan For Respondents No.1 &2: Mr.M.Govindan, Special Government Pleader ********

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner submitted a representation to the first and second respondents on 17 April, 2017, requesting to remove the encroachment put up by the third and fourth respondents, in the land in S.No.97/4A, Nachankulam Village, Devakottai Taluk, Sivagangai District.

2.We direct the second respondent to consider and dispose of the representation submitted by the petitioner dated 17 April, 2017 on merits and as per law, after issuing notice to the third and fourth respondents and other encroachers, if any. Such exercise shall be completed, within a period of three months from the date of receipt of a copy of this order.

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3.We make it clear that we have not considered the merits of the matter and the direction to consider the issue should not be construed to be an expression of opinion that the third and fourth respondents are in unauthorized occupation of the public property.

4.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Crl side) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Collector, Sivagangai,Sivagangai District.

2.The Tahsildar, Devakottai, Sivagangai District.

+1cc to M/S.K.PRABAHAKARAN, Advocate SR.No.64685 +1cc to Special Government Pleader, SR.No.64462 SML/MYR MAS/MR-KKR/SAR1:18.07.2017:2P-5C Order made in W.P.[MD].No.11830 of 2017 Dated:

07.07.2017 https://hcservices.ecourts.gov.in/hcservices/